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Serbia: MFRR urges the Serbian judiciary to ensure access to justice in the case of journalist Milan Jovanovic.

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BELGRADE, 10.02.2020. – The Media Freedom Rapid Response (MFRR) urges the Second Basic Court in Belgrade to ensure access to justice in the case of Serbian journalist Milan Jovanovic, who in 2018 was the victim of an arson attack on his house in Belgrade after investigating cases of corruption of local public officials.

Judicial proceedings against the suspected arsonists started in 2019 and have since then been delayed numerous times after frequent requests of postponement advanced by the defense lawyers. These procedural tactics, which also include attempts to disqualify judges appointed to this case, have seriously delayed justice for Jovanovic. We understand, however, that the court expects to render a verdict in this case during the next hearing on 11 February 2021.

Excessive delays in obtaining and executing judgments can constitute a procedural barrier to accessing justice. International and European human rights law prescribes that States must avail effective remedies to ensure access to justice and accountability for crimes against journalists. The MFRR recently concluded an international advocacy mission to Serbia registering a worrying incidence of threats and violence against journalists in the country, followed by a slow response from the State in ensuring that justice for victims is rendered. The MFRR also notes with concern that Serbia has a long history of violence and intimidation against journalists and of justice being delayed or denied to media workers targeted by attacks. In this context, we reiterate our deep concerns that the proceedings in the case of journalist Slavko Curuvija’s murder lasted 20 years. A positive verdict in Jovanovic’s case would represent an important signal against impunity of crimes against journalists in Serbia.

Milan Jovanovic was targeted with an arson attack on 12th December 2018. His house was set on fire after two Molotov cocktails were thrown on the property. He survived the attack thanks to his wife, who helped him to escape from their house while he was unconscious due to smoke inhalation.

The Prosecutor’s Office in Belgrade filed an indictment against suspects and requested a maximum sentence of eight years in prison for Dragoljub Simonovic on suspicion of ordering the burning of a house, five years for Vladimir Mihailović, and six years for Aleksandar Marinković, who is still a fugitive. They are charged with committing a serious act against public safety. Simonovic previously was a prominent member of the ruling Serbian Progressive Party, Mayor of the Grocka area of Belgrade, and director of the Serbian Railways from 2012 to 2014. Milan Jovanovic and Zig info were often reporting on corruption cases involving Simonovic and other local officials in the local municipality of Grocka.

The MFRR will be closely monitoring the final hearing of Jovanovic’s case on 11th February 2021. We call for justice to be rendered in this case, which could send an important signal to promote the resolution of other cases of violence against journalists in Serbia.

 

Signatories:

ARTICLE 19

Osservatorio Balcani Caucaso Transeuropa (OBCT)

International Press Institute (IPI)

European Centre for Press and Media Freedom (ECPMF)

IJAS: Strong support for journalists in Belarus

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BELGRADE, 09.02.2020. – Independent Journalists’ Association of Serbia gives support to independent journalists and media in Belarus, and calls on the Belarusian authorities to stop torturing them.

Belsat journalists Catarina Andreeva and Darja Chulkova have been kept behind bars since the  15th of November. They were detained for broadcasting live a violent dispersal during a protest in Minsk. The journalists are accused of taking an active part and even leading “group actions that grossly violate public order” with the help of the live stream, which resulted in the disruption of public transport. They face up to 3 years in prison.

Belarusian Association of Journalists reminds that in 2020, the Belarusian authorities arrested journalists 477 times, 62 journalists were subjected to violence, 50 media outlets were closed and journalists spent in total 1200 days in prison.

We would like to remind that during the July demonstrations last year, upon the announcement of a lockdown, Serbia also had a problem for several days of ruthless behavior towards journalists, who did their job professionally and in the public interest. During those days, 29 attacks and threats and one arrest of journalists were recorded.

That is why colleagues from Belarus must not be lonely and rejected in this fight since many authorities around the world, in their own way, are trying to suppress freedom of speech and writing by various means.

IJAS calls on the authorities in Serbia to react to the ongoing violence against our colleagues in Belarus, and will also send an official protest to the Embassy of Belarus in our country.

IJAS,

09.02.2021.

CSO’s in BiH requested amendments to the Law on Freedom of Access to Information

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SARAJEVO, 09.02. 2021. – Public institutions in Bosnia and Herzegovina currently have no legal obligation to publish information of public interest, and the struggle of citizens, NGOs and the media to publish them often takes years. Therefore, civil society organizations in BiH have sent an initiative to the competent institutions with a request to amend the Law on Freedom of Access to Information in BiH as soon as possible.

The main goal of the initiative is to introduce the principle of proactive transparency in the law, where clear standards would be established, including a catalog of information that all public institutions will have to publish on their websites. In addition, this principle envisages the consistent application of the law through strengthening the capacity of civil servants acting in accordance with the law, but also the establishment of effective supervision over compliance with the law and the introduction of sanctions for its violation.

In BiH, public institutions currently do not publish numerous information on the spending of budget money, public companies hide data on their operations and judicial institutions information on completed court proceedings. Most of this information should be made public because long-standing lawsuits for its delivery prevent the timely reaction of the public, which often causes damage to the interests of citizens.

Therefore, civil society organizations remind that one of the planned measures of the Strategic Framework for Public Administration Reform for the period 2018-2022 refers to increasing the availability of information, where the principle of maximum transparency should be respected. Also, in 2014, BiH joined the Open Government Partnership Initiative (OGP Initiative), which is based on the idea that open government is more accessible and accountable to citizens. Back in 2012, BiH ratified the Council of Europe Convention on access to official documents, which encourages public authorities to publish official documents on their own initiative whenever possible, thus promoting transparent and efficient work of public administration.

BiH civil society organizations have invited authorized proponents at all levels of government, primarily the Ministry of Justice of BiH, to prepare a proposal for a new Law on Freedom of Access to Information, respecting SIGMA’s principles for public administration relating to proactive transparency, as well as the Council of Europe Convention on access to official documents, and strategic commitments from public administration reform and the OGP Initiative.

The Law should define the obligation to proactively publish operational information, information on the organizational structure, budget and other information on the work of public authorities. Also, a narrow range of exceptions to access to information should be clearly defined, with a mandatory public interest test. It is also proposed to introduce inspections and sanctions in case of non-compliance with legal provisions, because the current law does not have a disincentive effect on public institutions that hide information of public importance.

The initiative was signed by: Transparency International in BiH, Advisory Council of the Open Government Partnership Initiative, BH Journalists Association, Center for Investigative Journalism, Center for Representation of Civic Interests, Sarajevo Open Center, UG “Why Not”, BH Foreign Policy Initiative, Center for the Promotion of Civil Society and the “United Women Foundation” Banja Luka.

The number of journalists on the unemployment register is growing

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EBU

PODGORICA, 06.02.2021. – At the end of last year, there were almost 60 percent more journalists in the records of the unemployed of the Employment Bureau of Montenegro than at the end of 2019.

Data from the register indicate that on 31.12.2020, when it comes to the professions of journalist and journalist reporter, there were 16 more people in the unemployment records, than in 2019. So at 31.12.2020, there were 43 persons with these occupations on the register, of which 26 were reporters and 16 were journalists. There was one person with a master’s degree in journalism in the register.

The largest share of the unemployed with these occupations was in Bar, nine, followed by Podgorica with eight and Pljevlja with six unemployed.

These data show an increase in the number of unemployed compared to the same period in 2019, when there were a total of 27, 18 with the profession of journalist reporter and nine with the profession of journalist. On that day, there were no persons with a master’s degree in journalism related to journalism. That year, the largest number of unemployed was from Bar, seven, and then four in Podgorica and Pljevlja.

On 31.12.2020, according to the data, 45 percent of people with these occupations have been on the unemployment register for over a year.

When it comes to the complete group of occupations of public information, within which there are also occupations that do not have to be related only to the media, on 31.12.2020 there were 137 people, while the year before that number was 95.

BH Journalists: It is unacceptable for court decisions to violate media freedom and bring in censorship

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SARAJEVO, 04.02.2020. – The Steering Committee of the BH Journalists Association sends a public protest to the Municipal Court in Sarajevo against the decision to temporarily ban “Dnevni Avaz” from writing about the private life of the President of the Court of BiH, Ranko Debevec. “Dnevni Avaz” and its editors are ordered to “refrain from harassing the plaintiff (Debevec) in terms of presenting information from his private life, both in print and electronic, daily and other media.”

The decision of the Municipal Court in Sarajevo is disputable because the explanation does not argue that writing about the private life of the President of the Court of BiH is not in the public interest, nor that Dnevni Avaz violated his right to privacy, as the authors of the disputed articles repeatedly emphasized that they are publishing certain information from Debevec’s private life in order to prove his abuse of office.

Ordering the ban on writing also means that the Court concludes in advance that all future texts of Dnevni Avaz that may be published about Ranko Debevec will be defamatory and untrue, and this type of presumption is essentially media censorship and cannot be considered as protection of the integrity of the President of the Court . In addition, judge Pavle Crnogorac noted in the decision on the measure of ban that “for violating judicial ethics there are institutions that do their job diligently”, which can be interpreted as a message to the media not to investigate abuses of judicial office because this is the “task” exclusively for the competent institutions ?!

Respecting the dignity of judicial institutions and without any intention to determine whether the allegations from the articles published in Dnevni Avaz are true or not, the Steering Committee of BH Journalists believes that the decision of the Municipal Court in Sarajevo represents pressure on freedom of speech and media reporting. The imposing of an interim measure can also be interpreted as censorship and preventing the media from critically reporting on judicial office holders.

Finally, the Steering Committee of BH Journalists draws attention to the fact that the Municipal Court of Sarajevo expressly, within only a few days after filing a lawsuit against the media, imposed a temporary measure, thus demonstrating priority action on lawsuits and reports filed by judicial officials, while numerous other defamation cases are put in drawers and sometimes takes years to be resolved.

The Steering Committee of BH Journalists especially warns that, if the temporary measure remain in force, such solutions could become a model according to which in the future the courts will give themselves the right to prevent the media from writing about judicial, political and other public office holders with the argument of protecting their privacy, without taking into account whether the published information represents the public interest and evidence of possible abuse of position. This completely circumvents the case law of the European Court of Human Rights, which emphasizes the need to strike a balance between the privacy of public officials and the right of the public to be informed of the ways in which they perform their functions. Such conduct by the courts would also open space for censorship and repression, which is unacceptable in democratic societies.

AJK and NDI, supported by USAID, held the workshop “Journalists and Information Integrity: How to combat disinformation during the electoral process?”

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PRISTINA, 03.02.2021 – The Association of Journalists of Kosovo – AJK, in cooperation with the National Democratic Institute – NDI, has held an online workshop, “Journalists and Information Integrity: How to combat disinformation during the electoral process?”, supported by United States Agency for International Development (USAID) in Kosovo.

Over 30 central and local media journalists were trained by Thomson Reuters Foundation’s journalism trainer and consul, Rex Merrifield, and NDI Senior Advisor on Elections and Political Processes, Julia Brothers.

The opening of this workshop was made by Ambassador Nancy Soderberg – Senior Resident Director of NDI in Kosovo, who expressed her happiness for the start of cooperation with the Association of Journalists of Kosovo.

“We are honored to be holding this workshop with the Association of Journalists of Kosovo. Kosovo’s democracy depends on the integrity of information, a critical factor in the ability of citizens to discuss policy ideas and public affairs in an accurate manner, and to seek accountability from the government based on accurate information”.

Through a discussion with journalists, led by Gentiana Begolli Pustina, chairwoman of the AJK board, the aim was to expand knowledge about information dissemination disorders as well as best practices to combat these phenomena.

Speakers and participants in this discussion assessed that Kosovo needs a joint effort to prevent misinformation, misinformation and their degrading impact on Kosovo’s democratic discourse.

Also, during this workshop before our fellow journalists were presented the main findings from the monitoring of online and social media conducted by NDI in the period March 2020 – November 2020.

BH Journalists: Local media under attack from politics, journalists subject to (self)censorship

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SARAJEVO, 03.02.2020 – As many as 70 percent of journalists working in local media in BiH encounter self-censorship in their work, and often censorship and inappropriate demands of employers – according to a study entitled “Working conditions and rights of journalists, legal framework and management of local media in BiH”, whose results were presented today in Sarajevo, organized by BH Journalists Association. As stated by the main researcher, Dr. Amer Dzihana, 40% of respondents said they have been exposed to attacks or threats in the past three years and 75% say that politicians in power have pressured them at some point, as have opposition politicians and advertisers.

The research was conducted in the period from October to December 2020 on a sample of 440 journalists working for local print, radio, TV and online media in BiH. BH Journalists conducted this research with the aim of identifying the existing patterns of functioning of local media and determining whether they are in line with legal and international standards in the field of freedom of expression and freedom of the media.

When it comes to pressures, the respondents feel that the journalistic community and the NGO sector have the most adequate response, while they are the least satisfied with politicians and their reactions. The focus of the research was also on the working conditions of media professionals – as many as 40% of respondents stated that they work more than 40 hours a week, and 48% of journalists who participated in the research have a lower salary than the average net salary in BiH.

– This was a really extensive survey in which we received 157 answers, and we can consider that these answers represent the opinion of a good part of local media employees. Journalists are often exposed to orchestrated campaigns because of what they write and very often these attacks and threats happen online, but also in direct contact with journalists. Those involved in critical journalism are particularly vulnerable to attacks. Every kind of criticism in the media in local communities is considered almost as a kind of national betrayal – Dzihana emphasized.

Journalist and researcher Mladen Bubonjic from Banja Luka believes that the results of research reflect the real situation when it comes to the attitude of journalists about the media scene in BiH in general.

– The biggest challenges are of a financial nature because local media are not big market players and many online portals are financed from projects. We at Gerila portal had a case of attempted murder of our colleague Vladimir Kovacevic, which was a drastic example of an attack. We did not have any explicit political pressures, but I think that the majority of the media in BiH encounters this problem – said Bubonjic.

Due to the fact that they are financed from the budget, local public media are in some way “blackmailed”, says journalist Aida Stilic from RTV USK.

– Labor rights of journalists and (self) censorship are mutually conditioned. I think that self-censorship is a much bigger problem today than censorship and whether we will manage to get out of that vicious circle, depends only on us. We put ourselves in the position of being obedient. We need to have a good and strong journalists’ union – said Stilic.

The editor of RTV Vogosca, Elvir Halilovic, believes that self-censorship in the public local media is a consequence of the fact that journalists in many cases take on the role of mediators in order to solve citizens’ problems.

– Local journalists are already accustomed to the pressures and the fact that everyone can belittle them, from the allocation of budget funds, and so on. I am an advocate of knowing exactly the amounts that should be used to finance local media and journalists and to determine how many media one local community should have – says Halilovic.

Freelance journalist from Mostar Kristina Gadze, who conducted research on the labor rights of journalists, states that freedom in the local media is questionable and young journalists who are just at the beginning of their careers are especially discouraged.

The main recommendations of this study are to strengthen existing mechanisms and initiatives aimed at reducing attacks on journalists, launch strategic activities to reduce the impact of politics on local media, strengthen trade union and professional association of journalists and to start targeted and serious discussions on the future of local media. The research is part of the project “Free Media, Free Society”, implemented by BH Journalists in cooperation with the Association of Electronic Media in BiH (AEM BiH), with the financial support of the European Union.

 

IJAS: The announced agreement between Telecom and Telenor endangers media pluralism in Serbia

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IJAS expresses serious concern over the announced agreement between the state company Telekom Srbija and the mobile operator Telenor, owned by the PPF investment fund, which could further disrupt media pluralism and increase the state’s existing monopoly in the media sphere.

Documents available to the public show that the main goal of the agreement between Telekom Srbija and Telenor is to push SBB off the market, that is, to prevent professional media from the United Group, primarily Television N1 and Nova S, from reaching the widest audience.

The state-owned company Telekom Srbija, despite legal restrictions, is already deeply involved in the production of news programs and is an actor in several projects and investments in the media industry that are marked by the public as suspicious and illegal: from the purchase of  the cable operator Kopernikus for 195 million euros from a person close to the Serbian Progressive Party, which then bought televisions with national frequency – Prva and O2 – for almost the same price, through financial support to the controversial businessman Igor Zezelj for the purchase of the tabloid Kurir, to participating in founding of several new cable television channels.

IJAS publicly protested against these acquisitions of Telekom Srbija, because outside the public, contrary to the law and under dubious economic justifications, the state interfered in the media sphere with the intention of expanding its influence and imposing a complete monopoly in the media.

The announced agreement between Telekom Srbija and Telenor raises our fears due to the fact that it is in complete contradiction with the goals from the Strategy for the Development of the Public Information System until 2025, which relate to the establishment of a functional, sustainable and fair media market protected from political influence, which aims to improve the quality and diversity of media content that meets the information needs of different social groups.

Also of concern is the fact that Telenor’s owner, Czech businessman Petar Kelner, was previously accused by journalists’ associations and the public in the Czech Republic and Slovenia of stifling media freedom in these countries in cooperation with the ruling parties.

IJAS will inform the international journalists’ and media organizations about the announced agreement, because it endangers the already disturbed media pluralism in Serbia.

IJAS,

2.2.2021.

Civil society and the media demand urgent explanation on the FATF findings from the Administration for the Prevention of Money Laundering

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Civil Society Organisations (CSOs) and the media demand from the Administration for the Prevention of Money Laundering and the Financing of Terrorism to provide the response as soon as possible to the findings of the Financial Action Task Force (FATF), that by investigating 57 organisations and individuals from media and civil society without adequate legal grounds in the case named “the List”, it has overstepped its powers and acted contrary to recommendations and standards of this international body. In addition, we invite this authority to take specific steps in alleviating the damage which occurred to the organisations and individuals who were inappropriately targeted. More concretely, the CSOs and the media from “the List” demand from the Administration for the Prevention of Money Laundering of the Government of Serbia to publish the key findings of the so called strategic analysis which confirmed that organisations and individuals from the List are performing their activities in accordance with the law and to respond to the invitation of the civil society to jointly notify the commercial banks in Serbia on this.

In the response to the procedure initiated against Serbia by the Special Rapporteurs of the United Nations regarding the case “the List”, FATF expressed the concern if the Republic of Serbia breached the Recommendation 29 that outlines the role and responsibilities of the financial intelligence units, such as the Administration for the Prevention of Money Laundering and the Financing of Terrorism.

Previously, the Special Rapporteurs of the United Nations concluded in their announcement of 11 November 2020 that the Government of Serbia abused the mechanism for prevention of money laundering and financing of terrorism for the purpose of ‘intimidating the civil society actors and human rights defenders, restricting their work and muffling any criticism of the Government’ as it requested from all commercial banks in Serbia to provide banking information and information on financial transactions for 57 NGOs, media associations and individuals referred to in the so called “List”. UN Rapporteours launched the procedure, which included request for official explanation of the Republic of Serbia, but also the Financial Action Task Force (FATF), the international body whose recommendations the Administration for the Prevention of Money Laundering invoked in their explanation of their actions, as well as the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism – MONEYVAL. We would like to mention that this case was included in the Resolution on the progress of countries under a full monitoring procedure which was debated in the final session of the Parliamentary Assembly of the Council of Europe, held on 25–28 January, as one of the most important points for assessing the progress Serbia made in 2020.

 

In their response to the request of the UN Special Procedures Branch for the explanation, FATF clearly condemned Administration’s actions, stating that they ‘share the concerns regarding the allegations that Serbia misused its Law on the Prevention of Money Laundering and the Financing of Terrorism with the aim to restrict or coerce civil society actors for their work and criticism of the Government.’ In the letter from this organisation, it is further emphasised that such actions from Administration are in direct contradiction to the FATF standards, as the powers given to financial intelligence units (FIU) in countering money laundering and financing of terrorism do ‘not include indiscriminate requests for information to reporting entities for the purpose of analyses, naming these “fishing expeditions”’. Moreover, FATF noted that the financial intelligence units, such as the Administration for the Prevention of Money Laundering, shall not ‘solicit information from its reporting entities (i.e. commercial banks) in the course of developing strategic analysis products’ and that the requests on specific organisations and individuals ‘without grounds of reasonable suspicion are not in line with the requirements set out in the FATF standards’. This  indicates that explanation of the Administration for the Prevention of Money Laundering that it had used Article 37 of the Law on the Prevention of Money Laundering and the Financing of Terrorism, since it had no other means whatsoever to collect date on donations to the organisations from the List, was in direct contradiction to the international standards.

This justification provided by the Administration demonstrates that it is not ready for genuine partnership with civil sector in countering terrorism. It  could have obtained such data by inviting the organisations to voluntarily provide information and to participate in a part of strategic analysis. Such good practice  of partnership in implementation of the FATF Recommendation 8 related to the protection of non-profit sector from potential terrorist financing abuse already exist in Europe.

CSOs and the media from the List, as well as international organisations including European Commission and European Federation of Journalists, sent the request to the Administration for the Prevention of Money Laundering for the clarification of the grounds of this investigation and criteria used for its implementation after the publication of the request sent to the banks in July last year. This response from FATF as the highest international authority in this domain confirmed our doubt in the lack of adequate legal grounds of the Serbian authorities’ actions in this case. FATF reponse has also established a standard which could be applied in other cases of abusing the mechanism for prevention of financing of terrorism with the aim to coerce civil society and the media in other countries.

Civil society organisations and the media from “the List” invite the Administration for the prevention of money laundering to take specific steps to alleviate the damage caused to the organisations and individuals who were inappropriately targeted, in order to regain trust required for the continuation of the cooperation in countering terrorism and extremism.

  1. Civic Initiatives

 

  1. Business Info Group

 

  1. Independent Journalists’ Association of Serbia (NUNS)

 

  1. The Belgrade Center for Security Policy (BCSP)

 

  1. Center for Research, Transparency and Accountability (CRTA)

 

  1. Belgrade Center for Human Rights

 

  1. Bureau for Social Research (BIRODI)

 

  1. Center for Rule of Law

 

  1. National Coalition for Decentralization (NCD)

 

  1. Lawyers’ Committee for Human Rights (YUCOM)

 

  1. Youth Center CK13

 

  1. European Movement in Serbia (EMinS)

 

  1. Youth Initiative for Human Rights

 

  1. CANVAS

 

  1. Libek

 

  1. Humanitarian Law Center

 

  1. Center for Investigative Journalism of Serbia (CINS)

 

  1. European Policy Center

 

  1. BIRN

 

  1. Trag Foundation

 

  1. Novi Sad School of Journalism (NSSJ)

 

  1. Center for Civil Society Development PROTECTA

 

  1. Association of Local Independent Media (“Local Press”)